Texas 2015 - 84th Regular

Texas House Bill HB3496 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R10579 JSC-D
2	2	By: Schofield H.B. No. 3496
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing certain first responders to carry a
8	8	concealed handgun while on duty and to the prosecution of certain
9	9	related offenses; providing for a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 411.179(a), Government Code, as amended
12	12	by Chapters 396 (S.B. 164) and 1302 (H.B. 3142), Acts of the 83rd
13	13	Legislature, Regular Session, 2013, is reenacted and amended to
14	14	read as follows:
15	15	(a) The department by rule shall adopt the form of the
16	16	license. A license must include:
17	17	(1) a number assigned to the license holder by the
18	18	department;
19	19	(2) a statement of the period for which the license is
20	20	effective;
21	21	(3) a color photograph of the license holder;
22	22	(4) the license holder's full name, date of birth, hair
23	23	and eye color, height, weight, and signature;
24	24	(5) the license holder's residence address or, as
25	25	provided by Subsection (d), the street address of the courthouse in
26	26	which the license holder or license holder's spouse serves as a
27	27	federal judge or the license holder serves as a state judge;
28	28	(6) the number of a driver's license or an
29	29	identification certificate issued to the license holder by the
30	30	department; [and]
31	31	(7) [(8)] the designation "VETERAN" if required under
32	32	Subsection (e); and
33	33	(8) a designation for an on-duty first responder to
34	34	carry a concealed handgun, if the license holder received that
35	35	designation under Section 411.184.
36	36	SECTION 2. Subchapter H, Chapter 411, Government Code, is
37	37	amended by adding Section 411.184 to read as follows:
38	38	Sec. 411.184. ON-DUTY FIRST RESPONDER DESIGNATION. (a) In
39	39	this section, "first responder" means a public safety employee or
40	40	volunteer whose duties include responding rapidly to an emergency.
41	41	The term includes:
42	42	(1) commissioned law enforcement personnel;
43	43	(2) fire protection personnel, including volunteer
44	44	firefighters; and
45	45	(3) emergency medical services personnel, including
46	46	an emergency medical services volunteer.
47	47	(b) A first responder is eligible for an on-duty first
48	48	responder designation on the first responder's license to carry a
49	49	concealed handgun under this subchapter if the first responder
50	50	submits to the department:
51	51	(1) on a form provided by the department, a completed
52	52	application for the designation;
53	53	(2) evidence that the license holder:
54	54	(A) is a first responder; and
55	55	(B) has successfully completed a course
56	56	described by Subsection (d); and
57	57	(3) the fee set by the director under Subsection (c).
58	58	(c) The director by rule shall:
59	59	(1) adopt an application form to be used to apply for a
60	60	designation under this section; and
61	61	(2) set a fee in an amount sufficient to cover the cost
62	62	of issuing licenses bearing a designation under this section.
63	63	(d) The director by rule shall establish minimum standards
64	64	for a training course for license holders seeking an on-duty first
65	65	responder designation, to be taken at the license holders' expense.
66	66	The training course must provide instruction, including field
67	67	demonstrations, about handling and using handguns while on duty and
68	68	in stressful situations.
69	69	(e) The department may grant a designation under this
70	70	section to a license holder who meets all the eligibility
71	71	requirements and submits the required application materials and fee
72	72	under Subsection (b). Not later than the 45th day after the date of
73	73	receipt of the application materials and fee, the department shall
74	74	issue the license with the designation or notify the license holder
75	75	in writing that the application for the designation was denied.
76	76	(f) On receipt of a license with a designation under this
77	77	section, the license holder shall return to the department any
78	78	license that was previously issued to the license holder.
79	79	(g) A license holder whose fee to apply for a designation
80	80	under this section is dishonored or reversed may reapply for the
81	81	designation at any time, provided the fee and an additional charge
82	82	of $25 are paid by cashier's check or money order made payable to
83	83	the "Texas Department of Public Safety."
84	84	(h) A license holder who becomes ineligible for the
85	85	designation under this section because the license holder is no
86	86	longer employed or volunteering as a first responder promptly shall
87	87	notify the department. Not later than the 30th day after the date
88	88	of receipt of the notice, the department shall issue a license
89	89	without the designation to the license holder. The department may
90	90	not charge a fee for the issuance of a license as provided by this
91	91	subsection. A license holder who is no longer eligible for a
92	92	designation under this section:
93	93	(1) is not entitled to carry a concealed handgun in a
94	94	location in which the license holder was allowed to carry the
95	95	handgun only by virtue of the designation; and
96	96	(2) on receipt of the license without the designation,
97	97	promptly shall return the license with the designation to the
98	98	department.
99	99	(i) A designation under this section does not limit the
100	100	right of a first responder to carry a handgun or other weapon under
101	101	other law.
102	102	(j) A governmental entity that employs or otherwise
103	103	supervises first responders may not adopt a rule or regulation that
104	104	prohibits a first responder who holds a license bearing a
105	105	designation under this section from carrying a concealed handgun
106	106	while on duty.
107	107	(k) Except in cases of gross negligence, a governmental
108	108	entity that employs or otherwise supervises first responders is not
109	109	liable in a civil action for personal injury, death, property
110	110	damage, or any other damages resulting from or arising out of an
111	111	occurrence involving a handgun that the entity is required to allow
112	112	a first responder to carry under this section.
113	113	SECTION 3. Section 46.035(h-1), Penal Code, as added by
114	114	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
115	115	Session, 2007, is amended to read as follows:
116	116	(h-1) It is a defense to prosecution under Subsections
117	117	(b)(1), (2), (4), (5), and (6) [(4)-(6),] and (c) that at the time
118	118	of the commission of the offense, the actor was:
119	119	(1) a judge or justice of a federal court;
120	120	(2) an active judicial officer, as defined by Section
121	121	411.201, Government Code; [or]
122	122	(3) a district attorney, assistant district attorney,
123	123	criminal district attorney, assistant criminal district attorney,
124	124	county attorney, or assistant county attorney; or
125	125	(4) a first responder who:
126	126	(A) is carrying a concealed handgun and holds a
127	127	license to carry a concealed handgun under Subchapter H, Chapter
128	128	411, Government Code, that bears an on-duty first responder
129	129	designation under Section 411.184 of that code; and
130	130	(B) is engaged in the actual discharge of the
131	131	first responder's duties while carrying the concealed handgun.
132	132	SECTION 4. Section 46.15(a), Penal Code, is amended to read
133	133	as follows:
134	134	(a) Sections 46.02 and 46.03 do not apply to:
135	135	(1) peace officers or special investigators under
136	136	Article 2.122, Code of Criminal Procedure, and neither section
137	137	prohibits a peace officer or special investigator from carrying a
138	138	weapon in this state, including in an establishment in this state
139	139	serving the public, regardless of whether the peace officer or
140	140	special investigator is engaged in the actual discharge of the
141	141	officer's or investigator's duties while carrying the weapon;
142	142	(2) parole officers and neither section prohibits an
143	143	officer from carrying a weapon in this state if the officer is:
144	144	(A) engaged in the actual discharge of the
145	145	officer's duties while carrying the weapon; and
146	146	(B) in compliance with policies and procedures
147	147	adopted by the Texas Department of Criminal Justice regarding the
148	148	possession of a weapon by an officer while on duty;
149	149	(3) community supervision and corrections department
150	150	officers appointed or employed under Section 76.004, Government
151	151	Code, and neither section prohibits an officer from carrying a
152	152	weapon in this state if the officer is:
153	153	(A) engaged in the actual discharge of the
154	154	officer's duties while carrying the weapon; and
155	155	(B) authorized to carry a weapon under Section
156	156	76.0051, Government Code;
157	157	(4) an active judicial officer as defined by Section
158	158	411.201, Government Code, who is licensed to carry a concealed
159	159	handgun under Subchapter H, Chapter 411, Government Code;
160	160	(5) an honorably retired peace officer, qualified
161	161	retired law enforcement officer, federal criminal investigator, or
162	162	former reserve law enforcement officer who holds a certificate of
163	163	proficiency issued under Section 1701.357, Occupations Code, and is
164	164	carrying a photo identification that is issued by a federal, state,
165	165	or local law enforcement agency, as applicable, and that verifies
166	166	that the officer is:
167	167	(A) an honorably retired peace officer;
168	168	(B) a qualified retired law enforcement officer;
169	169	(C) a federal criminal investigator; or
170	170	(D) a former reserve law enforcement officer who
171	171	has served in that capacity not less than a total of 15 years with
172	172	one or more state or local law enforcement agencies;
173	173	(6) a district attorney, criminal district attorney,
174	174	county attorney, or municipal attorney who is licensed to carry a
175	175	concealed handgun under Subchapter H, Chapter 411, Government Code;
176	176	(7) an assistant district attorney, assistant
177	177	criminal district attorney, or assistant county attorney who is
178	178	licensed to carry a concealed handgun under Subchapter H, Chapter
179	179	411, Government Code;
180	180	(8) a bailiff designated by an active judicial officer
181	181	as defined by Section 411.201, Government Code, who is:
182	182	(A) licensed to carry a concealed handgun under
183	183	Chapter 411, Government Code; and
184	184	(B) engaged in escorting the judicial officer;
185	185	[or]
186	186	(9) a juvenile probation officer who is authorized to
187	187	carry a firearm under Section 142.006, Human Resources Code; or
188	188	(10) a first responder who:
189	189	(A) is carrying a concealed handgun and holds a
190	190	license to carry a concealed handgun under Subchapter H, Chapter
191	191	411, Government Code, that bears an on-duty first responder
192	192	designation under Section 411.184 of that code; and
193	193	(B) is engaged in the actual discharge of the
194	194	first responder's duties while carrying the concealed handgun.
195	195	SECTION 5. The public safety director of the Department of
196	196	Public Safety shall adopt the rules necessary to implement Section
197	197	411.184, Government Code, as added by this Act, not later than
198	198	December 1, 2015.
199	199	SECTION 6. The change in law made by this Act applies only
200	200	to an offense committed on or after the effective date of this Act.
201	201	An offense committed before the effective date of this Act is
202	202	governed by the law in effect on the date the offense was committed,
203	203	and the former law is continued in effect for that purpose. For
204	204	purposes of this section, an offense was committed before the
205	205	effective date of this Act if any element of the offense occurred
206	206	before that date.
207	207	SECTION 7. This Act takes effect September 1, 2015.